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Thursday, April 30, 2026

How to handle wage-hour issues with remote workers - JD Supra

One of the biggest challenges employers with remote workers face is how to comply with wage and hour laws.

Yesterday, the U.S. Department of Labor issued a Bulletin discussing the Fair Labor Standards Act, lactation accommodation (which, believe it or not, is part of the FLSA), and the Family and Medical Leave Act as they apply to employees who work from home or other remote locations. The Bulletin is an easy read and not too legalistic. Here is a summary, with some tips of my own:

Fair Labor Standards Act

Very generally, the FLSA requires that non-exempt employees be paid for all hours worked, that they receive at least the federal minimum wage ($7.25 an hour), and that they get overtime pay for any hours worked in excess of 40 in a workweek. (The FLSA also addresses child labor, which we won't get into here.)

More information about the basics of the FLSA is available here (minimum wage) and here (overtime).

The FLSA regulations contain many more details, including when break time is "compensable" and when it is not. The general rule is that short-ish breaks are considered "time worked" and have to be paid, but breaks of 30 minutes or more -- during which the employee is relieved of all work -- do not have to be paid.

(The FLSA does not require employers to provide breaks at all, but most employers do, and many state wage and hour laws require it.)

If a break is roughly 20 minutes or less, it should be considered "time worked" and should be paid. If an employee on a...



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